This morning Advocate General (AG) Yves Bot made a comeback to the copyright scene and issued his Opinion in Reha Training, C-117/15.
This is a reference for a preliminary ruling to the Court of Justice of the European Union (CJEU) from the Landgericht Köln (Regional Court, Cologne), seeking clarification on - guess what (once again) - the right of communication to the public.
This German court is essentially asking essentially whether [the questions in full can be accessed here]:
- the making available of TV broadcasts by means of TV sets on the premises of a rehabilitation centre falls within the scope of Article 3(1) of the InfoSoc Directive and Article 8(2) of the Rental and Lending Rights Directive;
- and the concept of ‘communication to the public’ for the purposes of those two provisions must be given a uniform interpretation.
- the existence of an ‘act of communication’ for which the role of the user is indispensable;
- the communication of a protected work to a ‘public’;
- the ‘new’ character of that public;
- and the ‘profit-making’ nature of the communication (according to the AG this is not however an essential condition).
|Like uniforms? |
AG Bot does too
|Can the mere possibility of accessing |
the salami suffice
to calm Bertie's hunger?